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SAMET v. BINSON

2008-09135.

67 A.D.3d 989 (2009)

888 N.Y.S.2d 752

2009 NY Slip Op 08805

MICHAEL SAMET, as Executor of the Estate of ANDREW SAMET, Deceased, Appellant, v. ISAAC I. BINSON, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 24, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the plaintiff's motion which was for leave to renew his prior motion to reject a referee's report because the plaintiff failed to provide a reasonable justification for his failure to present the new facts on his original motion (see CPLR 2221 [e] [3]; Elder v Elder, 21 A.D.3d 1055 [2005]; Morrison...

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